HB 470 -- TOWING

SPONSOR:  Koller

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 20 to 0.

This bill revises the requirements for the towing, storage, and
retitling of abandoned motor vehicles and vessels.

Law enforcement and government agencies authorizing tows from
public property must make out a crime inquiry and inspection
report.  State and federal government agencies authorizing tows
must report to the State Highway Patrol or Water Patrol and
local government agencies must report to the local law
enforcement agency within 2 hours of tows.  If abandoned
property is not claimed within 10 working days, the tower,
instead of, as currently, the law enforcement agency, must
submit a crime inquiry and inspection report to the Director of
Revenue.

The Department of Revenue must notify any lienholder of the
towing by registered mail.  The department must also send a copy
of the notice by regular mail to the towing or storage company
holding the abandoned property.  Any person applying for a title
to an abandoned vehicle may apply for an original title with
proper documentation or a salvage title.

Storage charges on vehicles towed without the owner's consent
must be reasonable, must not exceed the charges for vehicles
towed with the owner's consent on a negotiated basis, and must
comply with all sections of the towing law.

Insurers paying a total loss on abandoned property must remove
the property from the storage facility or arrange for transfer
of the title.

Local government agencies may authorize the towing of derelict
vehicles from private property under local ordinance.  Property
or security managers may also authorize tows from private
property.  A property or security manager must be a full-time
employee of a business entity.  Prior notification to a law
enforcement agency is no longer required.

A company which tows abandoned property without authorization
from a law enforcement officer must deliver a copy of the
abandoned property report to the local law enforcement agency
having jurisdiction over the location from which the abandoned
property was towed within 2 hours or within 24 hours depending
on the situation.  The report may be faxed if it can be received
and if the company is registered to do such.

Upon receiving the report, law enforcement personnel must make a
crime inquiry promptly, sign the report, and give the towing
company information on the vehicle's owner and lienholder.  A
copy of the report must be sent to the Department of Revenue by
the towing company if the vehicle is not claimed within 10
working days.  Any wrongful authorization by a landowner or
lessee is a misdemeanor.

All wreckers and tow vehicles must contain the name, address,
and telephone number of the operator or business.  Such
businesses performing nonconsensual towing within the City of
St. Louis must pay an annual fee.  Nonconsensual towing is any
agreement to tow vehicles off private property without the
consent of the owner.

FISCAL NOTE:  Net Cost to Highway Fund of $60,704 in FY 2000,
$65,066 in FY 2001, and $65,514 in FY 2002.

PROPONENTS:  Supporters say that changes in Missouri's towing
law will make the necessary processing of towed vehicles much
easier for towers, law enforcement agencies, and the owners of
towed vehicles.

Testifying for the bill were Representative Koller; Missouri Tow
Truck Association; Missouri Corporate Security Advisors
Association; and Missouri Police Chiefs Association.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

HB 470 -- Towing

Sponsor:  Koller

This bill revises the requirements for the towing, storage, and
retitling of abandoned motor vehicles and vessels.

Law enforcement and government agencies authorizing tows from
public property must make out a crime inquiry and inspection
report.  State and federal government agencies authorizing tows
must report to the State Highway Patrol or Water Patrol and
local government agencies must report to the local law
enforcement agency within 2 hours of tows.  If abandoned
property is not claimed within 10 working days, the tower,
instead of, as currently, the law enforcement agency, must
submit a crime inquiry and inspection report to the Director of
Revenue.

The Department of Revenue must notify any lienholder of the
towing by registered mail.  The department must also send a copy
of the notice by regular mail to the towing or storage company
holding the abandoned property.  Any person applying for a title
to an abandoned vehicle may apply for an original title with
proper documentation or a salvage title.

Storage charges on vehicles towed without the owner's consent
must be reasonable, must not exceed the charges for vehicles
towed with the owner's consent on a negotiated basis, and must
comply with all sections of the towing law.

Insurers paying a total loss on abandoned property must remove
the property from the storage facility or arrange for transfer
of the title.

Local government agencies may authorize the towing of derelict
vehicles from private property under local ordinance.  Property
or security managers may also authorize tows from private
property.  A property or security manager must be a full-time
employee of a business entity.  Prior notification to a law
enforcement agency is no longer required.

A company which tows abandoned property without authorization
from a law enforcement officer must deliver a copy of the
abandoned property report to the local law enforcement agency
having jurisdiction over the location from which the abandoned
property was towed within 2 hours or within 24 hours depending
on the situation.  The report may be faxed if it can be received
and if the company is registered to do such.

Upon receiving the report, law enforcement personnel must make a
crime inquiry promptly, sign the report, and give the towing
company information on the vehicle's owner and lienholder.  A
copy of the report must be sent to the Department of Revenue by
the towing company if the vehicle is not claimed within 10
working days.  Any wrongful authorization by a landowner or
lessee is a misdemeanor.

All wreckers and tow vehicles must contain the name, address,
and telephone number of the operator or business.  Such
businesses performing nonconsensual towing within the City of
St. Louis must pay an annual fee.  Nonconsensual towing is any
agreement to tow vehicles off private property without the
consent of the owner.